Category: 2006

Summary Judgment Win – Garcia v. Farmers Insurance Exchange

December 2006 Garcia v. Denver Health and Hospital Authority and Garcia v. Farmers Insurance Group d/b/a Farmers Insurance Exchange, Denver District Court Civil Action 2006CV1726. Marc Levy obtained summary judgment in a case against an insurer that involved claims for breach of contract and bad faith. The court agreed that the plaintiff’s claims were barred by the applicable statute of limitation.

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Bad Faith Case Dismissed – 2006

September 2006 Kampmann v. Farmers Insurance Exchange, Boulder District Court, Civil Action 2005CV673. Marc Levy persuaded a Boulder judge to dismiss an entire bad faith case due to prejudicial misconduct. Among many findings in its eighteen page order, the trial court made specific findings that the plaintiffs’ attorney lied to the court and that a plaintiff lied in her deposition.

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Directed Verdict at Trial Dismissing Case

September 2006 Brian Waters obtained a directed verdict for his clients at trial. The court also ordered the plaintiff to pay the defense litigation costs.

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Order Striking Plaintiff’s Expert Designation

August 2006 Collins v. Griffin, Denver District Court, Civil Action 2005CV3127. Karen Wheeler and Brian Waters obtained an order striking a plaintiff’s expert designation and prohibiting the plaintiff from calling any experts at trial.

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Premises Liability Presentation

August 2006 “Who’s on First and other Mysteries of the Colorado Premises Liability Statute.” Presented by Brian Waters to the Colorado Defense Lawyers Association.

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Sanctions for Pleading Violations – Gibson v. McCarthy

June 2006 Gibson v. McCarthy, Boulder District Court, Civil Action 2005CV457. Karen Wheeler and Brian Waters obtained an order sanctioning opposing counsel two thousand dollars for pleading violations. This same counsel was sanctioned in the same case back in December of 2005. This opposing counsel was again sanctioned in the Kampmann v. Farmers Insurance Exchange case.

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Vioxx Dismissal

April 2006 Van Gilder v. Adams, Mesa County District Court, Civil Action 2004CV868. Brian Waters successfully obtained the withdrawal of a Vioxx wrongful death claim. The estate of a deceased woman filed an action alleging, among other things, that an automobile accident caused her to use Vioxx, which led to her death. Mr. Waters pressed for causation evidence from the plaintiff. When plaintiff refused to comply, Mr. Waters sought summary…

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Granted – Motion to Compel Discovery and Sanctions

February 2006 Collins v. Griffin, Denver District Court, Civil Action 2005CV3127. Karen Wheeler and Brian Waters obtained another order granting a Motion to Compel Discovery. The court also issued a monetary sanction.

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Recent Success

  • Jury Trial Win – Jenkins

    Plaintiffs sought more than $785,000 at trial, plus interest and attorney fees. Marc Levy and Jami Maul won a complete defense verdict at trial.

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  • Defense Verdict at Trial – Sellars

    Heather Hackett won at trial. Plaintiff alleged negligence, negligence per se and sought various types of damages. However, the jury disagreed with plaintiff and returned a defense verdict. Following trial, the jury commended Ms. Hackett on her excellent trial skills.

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  • Summary Judgment – Bulinski

    June 2017 Bulinski v. State Farm Fire and Casualty Company, Civil Action 16-cv-02066-RPM, U.S. District Court, District of Colorado.  Plaintiffs filed claims for breach of contract, statutory unreasonable delay/denial and common law bad faith, seeking about $200,000 in property damage, plus a penalty of double damages, plus attorney fees and costs.  Plaintiffs also sought punitive damages.  The insurance claim arose when a giant boulder detached from a cliff face about…

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